Terms of Use

By using the Phumbler service you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  • You must be 13 years or older to use this site.
  • You may not post nude, partially nude, or sexually suggestive photos.
  • You are responsible for any activity that occurs under your screen name.
  • You are responsible for keeping your password secure.
  • You must not abuse, harass, threaten, impersonate or intimidate other Phumbler users.
  • You may not use the Phumbler service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, send, publish or display (“Post”) on the Phumbler service.
  • You must not modify, adapt or hack Phumbler or modify another website so as to falsely imply that it is associated with Phumbler.
  • You must not access Phumbler's private API by any other means other than the Phumbler application itself.
  • You must not crawl, scrape, or otherwise cache any content from Phumbler including but not limited to user profiles and photos.
  • You must not send unwanted email, comments or other Content to any Phumbler members ("Spam").
  • You must not use web URLs in your name without prior written consent from Phumbler.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of Phumbler, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Violation of any of these agreements will result in the termination of your Phumbler account. While Phumbler prohibits such conduct and content on its site, you understand and agree that Phumbler cannot be responsible for the Content posted in the application or on its web site and you nonetheless may be exposed to such materials and that you use the Phumbler service at your own risk.

General Conditions

  • We reserve the right to modify or terminate the Phumbler service for any reason, without notice at any time.
  • We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  • We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on Phumbler

  • Phumbler does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through Phumbler. By Posting any Content on or through Phumbler, you hereby grant to Phumbler a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside Phumbler.
  • Some of Phumbler’s services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Phumbler may place such advertising and promotions on Phumbler or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  • You represent and warrant that: (i) you own the Content posted by you on or through Phumbler or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through Phumbler does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content Via Phumbler does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through Phumbler.
  • Phumbler contains Content of Phumbler ("Phumbler Content"). Phumbler Content is protected by copyright, trademark, patent, trade secret and other laws, and Phumbler owns and retains all rights in Phumbler Content and Phumbler. Phumbler hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Phumbler Content (excluding any software code) solely for your personal use in connection with viewing the Site and using Phumbler.
  • Phumbler contains Content of Users and other Phumbler licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Phumbler.
  • Phumbler performs technical functions necessary to offer Phumbler services, including but not limited to transcoding and/or reformatting Content to allow its use throughout Phumbler services.
Although the Site and other Phumbler services are normally available, there will be occasions when the Site or other Phumbler services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Phumbler. Also, although Phumbler will normally only delete Content that violates this Agreement, Phumbler reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Phumbler in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Phumbler encourages you to maintain your own backup of your Content. In other words, Phumbler is not a backup service. Phumbler will not be liable to you for any modification, suspension, or discontinuation of the Phumbler service, or the loss of any Content.